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(영문) 서울동부지방법원 2013.04.10 2013고정664
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Bsch Rexton vehicle on his own.

On December 16, 2012, around 20:10 on December 20, 2012, the Defendant was under the influence of alcohol of 0.103% of the blood alcohol concentration at 0.103%, depending on three lanes (including the central bus exclusive lanes) in the direction of the military station in front of 478-1, Seoul Special Metropolitan City, Gun-based.

In such cases, a driver has a duty of care not to drive a motor vehicle when it is difficult to drive a motor vehicle normally due to influence of drinking or drugs.

Nevertheless, the Defendant, while under the influence of alcohol, concealed the backer of the victim C(F5 years old) driving the said vehicle into the fronter of the vehicle driving by the Defendant, who driven the backer of the victim C&5 individual taxi vehicle in the above three-lanes, and led the victim E(E, South and 45 years old) driving in the same direction as the fronter, and led to the stringer of the victim E(E, South and 45 years old) driving in the same direction.

Ultimately, due to its shock, the victim C suffered injuries, such as catum and catum salt, etc., which require a catry treatment for 3 weeks in advance to the victim E and the victim G (V, 44 years old), and the victim H(V, 72 years old), which require a catry treatment for 2 weeks in advance to the victim I (V, 14 years old) and the victim I (V, 14 years old) with an catum base requiring a catry treatment for 1 week in advance.

B. When the Defendant was unable to drive a motor vehicle under the influence of alcohol, in violation of this provision, the Defendant was under the influence of alcohol by 0.103% of blood alcohol concentration, and the said vehicle was under the influence of alcohol at approximately one kilometer from the road front of the Gwangjin-gu military automatic revolution to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C, E, G, H, and I;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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